Bowers+v.+Hardwick+(1986)

//__**Contents**__// 1. Background 2. Social and Political Backround 3. Review & Decision 4. Subsequent Effects  Bowers vs Hardwick was a 1986 United States Supreme Court Case, which was decided and upheld with a 5-4 ruling. Granting that the Georgia Sodomy Statute didn't violate the Constitution.
 * //Bowers vs. Hardwick (1986) //**

On August 1982 an Altlanta Police Department officer when to Michael Hardwick's residence to issue a summon for a court appearence that was coming up on a Tuesday for public intoxication. When Hardwick failed to appear for his court date, Officer Torick the original officer who had issued the first summon had made another warrant out for Hardwick's arrest. Atlanta Police had arrived at Micheal Hardwick's apartment, a roommate unaware and unsure if Hardwick was home let officers in. While police officers searched the apartment, one realized a partically open door and went to check that room. Upon entering they found Hardwick and another male engaging in oral sex. Both males were arrested for violating the Georgia Sodomy Statute. The Sodomy Statute stated that it's when a person commits or submits to any sexual act involving the sex organs of one and the anus or mouth of another same sex person. This crime is punishable by no less than one year and no more than twenty years in imprisonment. This leading to Hardwick sueing the state of Georgia for violating the constitution. By claim that the Goergia Sodomy Statute violated his constutional right.
 * __Background __**



__**Social and Political Background **__ The Anti-Gay Liberation Movement was uprising in the 1980's. In 1980 we had the first openly gay vice-president canidate, Mel Boozer. Up until 1981, Homosexuality was listed as a mental disorder but was off the list by World Health Organization. With a positve win, the gay community also took a huge blow that same year when AIDS was discovered upon majority of the gay men. Along with that the U.S Department of Defense made it clear that homosexuals were incompatible with the military service in 1982. Four years later the Supreme Court had ruled with a 5-4 decision that the states had right to criminalize "sodomy". That Homosexuals and Heterosexuals, even if married or not: could not use the Constitution as a defense. Given that the //"Constitution does not confer a fundamental right upon homosexuals to engage in sodomy."// By 1987 the National March on Washington for Lesbian and Gay Rights began involving 200,000 to 500,000 people both lesbian and gay.



__**Review & Decision **__ When Hardwick had took the case to the District Court they had ruled in favor of the motion to dismiss the case for the failure to state an actual claim. Later the Eleventh Circuit had reversed the Distict Court and ruled that the Georgia Statute violated the appellee fundamental rights, since it had taken place inside his home in private. The Supreme Court had ruled in favor of the Georgia law with a 5-4 decison. Justice Byron White had stated that the law was legal and that charges would stand against Hardwick. The Court ruled that to engage in Sodomy was not a fundamental right protected by the Due Process Clause.

 This is considered a landmark case becasue majority of the nation had yet to fully accept the gay community. Even though the Civil Rights Movement for Gay and Lesbian Rights is over many people of the Gay community are still right for equal treatment. Now the intended arugment is if Homosexuals are allowed to adopt children or even marry.
 * __<span style="font-family: 'Comic Sans MS',cursive;">Subsequent Effects __**

<span style="font-family: 'Comic Sans MS',cursive;">Is Homosexuality and fundamental right?